By: Michael A. Santschi In General A municipal government, such as a village or city, generally has broad jurisdiction over all the territory within its “corporate boundaries.” The phrase, “corporate boundaries,” refers to outermost property lines of any parcels that have been “annexed” to the municipality. Thus, a municipality can “grow” over time by annexing new property and thus expanding its corporate boundaries. In Illinois, a ... Read More
Supreme Court of Illinois moves swiftly to uphold statutory ban on sex offenders or sexual predators in public parks
By: Michael R. Stiff In the Illinois Criminal Code, sexual predators and child sex offenders are prohibited from being present or loitering in or near public parks. 720 ILCS 5/11-9.4-1. For purposes of that ban, a public park is defined as a “park, forest preserve, bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.” The definitions in that section further state that to “loiter” includes ... Read More
State Tells Municipal Governments “Hands Off” When it Comes to Drone Regulation
The State of Illinois recently ended the debate as to whether local governments can regulate the use of drones. Pursuant to Public Act 100-0735, which became effective August 3rd, the State now preempts any local regulation of drones. Now codified as 620 ILCS 5/42.1 “Regulation of unmanned aircraft systems” under the Illinois Aeronautics Act, 620 ILCS 5/1, et al, the legislature has declared, “the regulation of an unmanned aircraft system is an ... Read More
The Eminent Domain Act’s Rebuttable Presumption – Section 735 ILCS 30/5-5-5(c)
Under the Eminent Domain Act (“Act”) a utility company who receives a certificate or finding of public convenience and necessity from the Illinois Commerce Commission enjoys a rebuttable presumption that “acquisition of that property [being condemned] is (i) primarily for the benefit, use, or enjoyment of the public and (ii) necessary for a public purpose.” 735 ILCS 30/5-5-5(c). This article will briefly discuss the recent decisions from the ... Read More
Spesia & Taylor wins appeal of Illinois Pollution Control Board’s siting decision
Spesia & Taylor attorney Michael Stiff, on behalf of the Village of Rockdale, prevailed in having the Illinois Pollution Control Board’s decision on siting a Transfer Station within the Village, affirmed by the Third District Appellate Court in Ottawa. In December 2014 Environmental Recycling & Disposal Service, Inc. (ERDS) filed an application for siting approval with the Village of Rockdale. The application sought approval from the ... Read More
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